Amending Chapter 10, Alcoholic Beverages, by repealing Sections 10-212 and enacting in lieu thereof one new section of like number and subject matter that creates five entertainment districts (18th and Vine, Central Business, Country Club Plaza, Westport Shopping, and Zona Rosa) for exempting retail sales-by-drink licensed businesses from the required minimum distance from a church or school.

Amending Chapter 10, Alcoholic
Beverages, by repealing Sections 10-212 and enacting in lieu thereof one new
section of like number and subject matter that creates five entertainment
districts (18th and Vine, Central Business, Country Club Plaza, Westport
Shopping, and Zona Rosa) for exempting retail sales-by-drink licensed
businesses from the required minimum distance from a church or school.

WHEREAS, this
change will allow an applicant to apply for a retail sales-by-drink liquor
license anywhere within these described entertainment district areas and not be
denied a license based on the distance of the proposed business to the nearest
church or school; and

WHEREAS, the
managing authority of a church or school that is located within 250 feet of any
proposed retail sales-by-drink licensed premises within any of the five
described entertainment district areas would still have a voice in the liquor
licensing process as they would be an eligible consenter; and

WHEREAS, an
applicant that applies for a retail sales-by-drink license in these five
entertainment district exempted areas would still be required to go through the
consent process in which a majority of a minimum of 15 eligible consenters that
surround a proposed business must approve of the business receiving a liquor
license; and

WHERAS, the five
new districts were modeled off the curfew entertainment districts in the curfew
ordinance in Section 50-238; and

WHEREAS, an
applicant proposing to operate a retail sales-by-package liquor license within
300 feet of a church or school in the five new districts would still be
required to get the consent from the managing authority of the affected church
or school in order to move forward in the licensing process; and

WHEREAS, any
applicant that receives a retail sales-by-drink license in these five
entertainment district exempted areas would be placed on a six month
probationary period as required by ordinance to ensure that they operate the
type of business for which they applied and follow all liquor laws to ensure
they are a good operator; and

WHEREAS, these five entertainment district
area exemptions keeps intact the system throughout the rest of the City;
NOW, THEREFORE,

BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:

Section 1. That
Chapter 10, Code of Ordinances of the City of Kansas City, Missouri, is hereby
amended by repealing Section 10-212, and enacting in lieu thereof one new
section of like number, title, and subject matter, to read as follows:

Sec. 10-212. Distance from churches or schools.

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(a) No alcoholic beverage license shall be
issued for any location when the premises are within 300 feet of a school or
church, measured from the nearest point of the enclosing wall of the premises
to the nearest point of a church or school as defined in this chapter. However,
if a dwelling is the site of a proposed catered function, occasion or event,
the requirements for the distance from any school or church is reduced to
within 100 feet from the church or school. This provision shall not prohibit a
church or school, meeting the requirements of this chapter, from holding a
catered function, occasion or event on the property of the school or church.

(b) No alcoholic beverage license shall be
issued for the expansion of any existing premises within 300 feet of a school
or church, measured from the nearest point of the enclosing wall of the
premises to the nearest point of the church or school as defined in this
chapter.

(c) The property for a licensed premises
situated thereon, legally established within 300 feet of a church or school
prior to the adoption of this chapter, shall remain eligible for the location
of a licensed premises within 300 feet of the church or school under the
following conditions:

(1) The licensed premises must have been legally established
within 300 feet of a church or school prior to the adoption of this chapter;
and

(2) An application for a new license for the premises must
be filed within 120 days from the latter date that:

a. The licensee surrenders the license, or

b. The date that the license is canceled, terminated or revoked
by the city, or

c. The date that the licensee cancels, terminates or abandons
the lease, and

(3) A relocation of the original premises to another
location on the property shall not be permitted; and

(4) Changes from an existing retail sale-by-drink license to
any other license classification, or from an existing sale-by-package license
to any other license classification, or from any other classification of
license issued under this chapter to another license classification shall not
be permitted; and

(5) All other requirements for licensing a premises under
this chapter are met.

(d) The provisions of section 10-212(a)
shall not apply for the location of a proposed premises for a restaurant-bar
sale-by-drink establishment if the proposed premises is located in an area of
the city zoned C3a2 as of the effective date of the ordinance enacting this
subsection.

(e) The provisions of subsection
10-212(a) shall not apply for the location of a proposed premises for a retail
sales-by-drink establishment if the proposed premises is located wholly within
following entertainment districts as defined below:

(1) 18th & Vine District Area means
the area generally described as the

area between 17th Terrace (John Buck O'Neil Way) on
the north, Woodland on the east, 19th Street on the south, and The Paseo on the
west.

(2) Central Business District Area means
the area generally described as

the area between the Missouri River on the north,
Broadway on the west, Holmes on the east and Pershing Road on the south.

(3) Country Club Plaza Area means
the area generally described as the area

between 46th Terrace on the north, J.C. Nichols
Parkway on the east, Ward Parkway on the south and Jefferson on the west.

(4) Westport Shopping District Area means
the area generally described as the area between 39th Street on the north, Main
Street on the east, 43rd Street on the South and Southwest Trafficway on the
West.

(5) Zona Rosa Shopping District Area means
the area generally described as the area between Missouri Highway 152 on the
north, Interstate 29 on the east, to Barry Road on the south, to Northwest
Prairie View Road, to Northwest 86th Terrace and to North Congress Avenue on
the west.

(f) The provisions of section 10-212(a)
relating to the distance from churches but not schools shall not apply for the
location of a proposed premises in a planned district defined in sections
80-272 through 80-281 of the Code of Ordinances, which includes a church as
part of a development plan approved by the city.

(g) The provisions of section 10-212(a)
relating to the distance from churches but not schools shall not apply for the
location of a proposed premises in a general planned development district defined
in chapter 80 of the Code of Ordinances:

(1) Which is zoned either GP-2 or GP-3 and is also zoned either
GP-4 or GP-5 and which has been merged into a single zone on the basis of an
appropriate integrated design plan; and

(2) Which includes a church as part of a development plan
approved by the city council.

(h) The provisions of subsections 10-212(a)
and (b) shall not apply to a liquor licensed premise that is currently or is
proposed to be located between 100 feet and 300 feet from a church or school as
measured from the nearest point of the enclosing wall of the proposed or
current liquor licensed premise to the nearest point of the church or school as
defined in this chapter provided that the managing authority from the church or
school submits a written and notarized statement to the director stating they
have no objection to a liquor-by-the-drink or liquor-by-the-package premise
obtaining a liquor license, upgrading the current liquor license or expanding
the current premise.

(i) No alcoholic beverage license shall be
issued within 100 feet of a church or school, as measured from the nearest
point of the enclosing wall of the proposed or current liquor licensed premise
to the nearest point of the church or school as defined in this chapter unless
the following conditions have been met:

(1) The applicant must provide, to the director, a written and
notarized statement from the managing authority from the church or school
stating they have no objection to a liquor-by-the-drink or liquor-by-the-package
premise obtaining a liquor license, upgrading the current liquor license or
expanding the current premise.

(2) The director must provide written notice to all property
owners within 100 feet of the current or proposed licensed premises that an
application for a liquor-by-the-drink or liquor-by-the-package premise has been
submitted and the director shall not approve any application for an alcoholic
beverage license until at least ten days' has passed from the date the notice
was sent.